Amendments to Judiciary Act of 1948 Re: Jurisdiction Over Cases on Appointment of Guardians
Republic Act No. 643, enacted on June 12, 1951, amends the Judiciary Act of 1948 concerning the appointment of guardians for minors or individuals deemed mentally incapable. It grants justices of the peace and judges of municipal courts in chartered cities concurrent jurisdiction with courts of first instance to appoint guardians. The Act specifies that guardianship proceedings should generally be initiated in the Court of First Instance where the minor or incapacitated person resides, but allows for concurrent jurisdiction in certain cases based on property value. Additionally, it ensures that applicable procedural rules from the Rules of Court are followed in lower courts and repeals any conflicting laws. The Act took effect upon its approval.
Quick Answers
- What is Amendments to Judiciary Act of 1948 Re: Jurisdiction Over Cases on Appointment of Guardians about?
- Republic Act No. 643, enacted on June 12, 1951, amends the Judiciary Act of 1948 concerning the appointment of guardians for minors or individuals deemed mentally incapable. It grants justices of the peace and judges of municipal courts in chartered cities concurrent jurisdiction with courts of first instance to appoint guardians. The Act specifies that guardianship proceedings should generally be initiated in the Court of First Instance where the minor or incapacitated person resides, but allows for concurrent jurisdiction in certain cases based on property value. Additionally, it ensures that applicable procedural rules from the Rules of Court are followed in lower courts and repeals any conflicting laws. The Act took effect upon its approval.
- What type of law is Republic Act No. 643?
- Amendments to Judiciary Act of 1948 Re: Jurisdiction Over Cases on Appointment of Guardians (Republic Act No. 643) is a Philippine Statutes enacted by the Congress of the Philippines.
- When was Amendments to Judiciary Act of 1948 Re: Jurisdiction Over Cases on Appointment of Guardians enacted?
- Amendments to Judiciary Act of 1948 Re: Jurisdiction Over Cases on Appointment of Guardians (Republic Act No. 643) was enacted on Jun 12, 1951.
- What is the citation for Amendments to Judiciary Act of 1948 Re: Jurisdiction Over Cases on Appointment of Guardians?
- Amendments to Judiciary Act of 1948 Re: Jurisdiction Over Cases on Appointment of Guardians, Republic Act No. 643, Jun 12, 1951 (Philippines)
Law Information
- Reference Number
- Republic Act No. 643
- Date Enacted
- Category
- Statutes
- Subcategory
- Republic Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
June 12, 1951
REPUBLIC ACT NO. 643
AN ACT TO AMEND SECTION NINETY OF REPUBLIC ACT NUMBERED TWO HUNDRED AND NINETY-SIX, OTHERWISE KNOWN AS THE JUDICIARY ACT OF NINETEEN HUNDRED AND FORTY-EIGHT, AND SECTION ONE OF RULE NINETY-THREE OF THE RULES OF COURT IN THE PHILIPPINES
SECTION 1. Section ninety of Republic Act Numbered Two hundred and ninety-six is hereby amended to read as follows: cdt
"Sec. 90. Concurrent jurisdiction to appoint guardians. — Justices of the peace and judges of municipal courts of chartered cities shall have concurrent jurisdiction with the courts of first instance to appoint guardians or guardians ad litem for persons who are incapacitated by being of minor age or mentally incapable in matters within their respective jurisdiction."
SECTION 2. Section one, Rule ninety-three of the Rules of Court in the Philippines is hereby amended to read as follows:
"Sec. 1. Where to institute proceedings. — Guardianship of the person or estate of a minor or incompetent shall be originally cognizable by the Court of First Instance of the province where the minor or incompetent resides, and if he resides in a foreign country, by the Court of First Instance of the province wherein his property or part thereof is situated: Provided, however, That the justice of the peace courts or municipal courts of chartered cities shall have concurrent jurisdiction with the court of first instance in cases where the value of the property of such minor or incompetent falls within the jurisdiction of the latter courts."
SECTION 3. The rules of procedure provided for in the Rules of Court in the Philippines shall be followed so far as their application shall be practicable in the justice of the peace courts and municipal courts of chartered cities.
SECTION 4. The provisions of laws and rules of court inconsistent with the provisions of this Act are hereby repealed. casia
SECTION 5. This Act shall take effect upon its approval.
Approved: June 12, 1951
Published in the Official Gazette, Vol. 47, No. 7, p. 3348 in July 1951
Cite This Law
Amendments to Judiciary Act of 1948 Re: Jurisdiction Over Cases on Appointment of Guardians, Republic Act No. 643, Jun 12, 1951 (Philippines)
Amendments to Judiciary Act of 1948 Re: Jurisdiction Over Cases on Appointment of Guardians, Republic Act No. 643 (Phil. 1951)
Related Laws
- Concurrent Jurisdiction of Municipal Courts and CFI Over Cases of Adoption and Appointment of GuardiansRepublic Act No. 644 • Jun 12, 1951 • Statutes
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- Amendment to Judiciary Act of 1948 Re: Jurisdiction of Court of AppealsRepublic Act No. 5433 • Sep 9, 1968 • Statutes
- Amendments to The Judiciary Act of 1948Republic Act No. 2613 • Aug 1, 1959 • Statutes
- Amendments to R.A. No. 296 (The Judiciary Act of 1948)Republic Act No. 3090 • Jun 17, 1961 • Statutes
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